Do I have to use an attorney?

Return to main "How to Begin" page

No, absolutely not. There is nothing in the law that compels applicants or petitioners for immigration benefits to use attorneys. If you feel comfortable handling things yourself, then you may wish to proceed on your own.

If you do decide that you need help, however, please make sure that you use a licensed attorney. The immigration authorities have warned that only licensed attorneys or "accredited representatives" (employees of non-profit organizations who have been specifically individually authorized by the government in this regard and have the documentation to prove it) are allowed to represent others. If you retain a "consultant," "paralegal," or "notary" to represent you, know that you will be held strictly accountable for all representations they make. Also, they may not make inquiries or otherwise act on your behalf with any government agency.

In the Immigration Court's warning flyer, Do Not Be a Victim of Immigration Fraud, they caution:

"Only licensed attorneys, 'accredited representatives,' and other qualified representatives can represent you in immigration court, can provide legal services, and can give legal advice"

If an unlicensed practitioner makes a mistake or misrepresentation, you cannot later assert as a defense the fact that the person was not legally permitted to represent you. You will be held accountable for their actions and you will not be excused because they acted illegally. Make sure that the person you select is licensed. If you are dealing with a non-profit agency, insist upon seeing their accreditation documentation from the immigration authorities.